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PEOPLE v. SPICOLA

No. 60.

16 N.Y.3d 441 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SPICOLA, Appellant.

Court of Appeals of New York.

Decided March 31, 2011.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria, LLP, Buffalo ( Paul J. Cambria, Jr. , Roger W. Wilcox, Jr. , and Timothy P. Murphy of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Shawn P. Hennessy and Donna A. Milling of counsel), for respondent.

Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

READ, J.

On November 16, 2006, defendant Michael Spicola was charged in a 10-count indictment with six counts of first-degree sodomy (Penal Law § 130.50 [3]), three counts of first-degree sexual abuse (Penal Law § 130.65), and one count of endangering the welfare of a child (Penal Law § 260.10) stemming from three occasions when he was accused of engaging in reciprocal...

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